All Knowledge & Insights By Date

By Lynn L. Bergeson September 25, 2019, DOE EERE announced via the Federal Register a request for information (RFI) on the identification of wells of opportunity for critical geothermal field research applications. DOE’s RFI is directed to the geothermal community, seeking information about underutilized wells in known geothermal resource areas in the United States. Its aim is to obtain feedback on industry willingness to partner with DOE’s Geothermal Technologies Office (GTO) to...

By Lynn L. Bergeson On September 25, 2019, DOE EERE announced that its Better Buildings, Better Plants partners have saved more than 1.3 quadrillion British thermal units (BTUs) and $6.7 billion in energy costs. With more than 220 partners, DOE accepted 22 new companies this year, which include more than 3,200 facilities and represent approximately 12 percent of the U.S. manufacturing energy footprint. Designed to work with partners who have set ambitious energy, water, and/or waste reduction...

By Lynn L. Bergeson On September 18, 2019, the U.S. Department of Energy (DOE) and the National Oceanic and Atmospheric Administration (NOAA) announced a $3 million prize competition to power ocean observing platforms with marine renewable energy. To generate innovation, the Powering the Blue Economy Ocean Observing Prize will offer a series of contests to demonstrate marine renewable energy use for observing platforms. DOE hopes that this prize will help spur technological innovation through a...

On September 25, 2019, the U.S. Environmental Protection Agency (EPA) recognized 14 Safer Choice Partner of the Year award winners for outstanding achievement in 2018 for the design, manufacture, selection, and use of products with safer chemicals for use in households and facilities nationwide.  The Safer Choice program partners with businesses and others to help consumers and commercial buyers identify products with safer chemical ingredients, without sacrificing quality or...

The U.S. Environmental Protection Agency (EPA) announced on September 20, 2019, that it will extend the public comment period for its proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT).  84 Fed. Reg. 36728.  EPA identified five chemicals pursuant to Section 6(h) of the Toxic Substances Control Act (TSCA):  decabromodiphenyl ether (DecaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)), also known as...

The U.S. Environmental Protection Agency (EPA) announced on September 19, 2019, that it posted the first public Toxic Substances Control Act (TSCA) Inventory to include unique identifier (UID) information.  EPA states that the UID is a numerical identifier assigned to a chemical substance when EPA approves a confidential business information (CBI) claim for specific chemical identity.  When EPA approves such a claim, it assigns a UID to that chemical identity; applies the UID...

On September 19, 2019, the European Union (EU) Observatory for Nanomaterials (EUON) announced the results of a study it commissioned to examine “next generation” nanomaterials and determine whether the current terminology used in the EU chemicals regulations, as well as the implementation of the current legal requirements for identifying nanomaterials, are likely to pose technical challenges.  The objectives of the study were to: Collect existing definitions of generations of...

The Environmental Defense Fund (EDF) published a September 16, 2019, blog item entitled “EPA’s latest move to deflect criticism of its TSCA risk evaluations: Muzzle its science advisors.”  EDF notes that it has opposed a number of recent decisions made by the U.S. Environmental Protection Agency (EPA) “that aim to limit the risks it finds when evaluating the safety of chemicals under the Toxic Substances Control Act (TSCA),” including: Excluding from its analysis known human...

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2019, that it is now accepting nominations for the 2020 Green Chemistry Challenge Awards for companies or institutions that have developed a new process or product that helps protect public health and the environment.  EPA defines green chemistry as the design of chemical products and processes that reduce both the generation and use of chemicals that are hazardous to the environment and people’s...

By Lynn L. Bergeson On September 3, 2019, the Chinese Ministry of Ecology and Environment (MEE) and National Health Commission (NHC) jointly issued a final Technical Framework Guideline for Environmental Risk Assessment of Chemical Substances (Trial). This Trial Guideline provides a basic framework, including evaluation steps, technical requirements, and report preparation, for the environmental risk assessment of a single chemical substance under standard production and uses. The Trial...

By Lynn L. Bergeson Recently, the North Dakota Corn Utilization Council (NDCUC) announced the implementation of its new program, the North Dakota Unleaded88 Expansion Program, in partnership with the North Dakota Ethanol Council (NDEC). The goal of the program is to partner with fuel retailers to provide drivers with Unleaded 88, which consists of a higher octane fuel containing 15 percent ethanol blend with 85 percent gasoline. Through June 30, 2020, NDCUC will grant funds to fuel retailers for...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On September 17, 2019, U.S. Senator Lisa Murkowski (R-AK) chaired a hearing to discuss the use and sourcing of minerals needed for clean energy technologies. Highlighting the fact that renewable technologies such as batteries and wind turbines are built from minerals, Senator Murkowski stated that “[t]he United States is capable of being a leader in the development of the minerals needed for clean energy technologies.” As Chairman...

By Lynn L. Bergeson On September 17, 2019, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced the selection of the Pacific Ocean Energy Trust (POET) as Network Director for the U.S. Testing Expertise and Access for Marine Energy Research Team (TEAMER) Program. TEAMER is a three-year program that supports testing and research for marine energy technologies. It provides access to test facilities and technical expertise to assist technology...

This week, we have B&C’s and The Acta Group’s Senior Regulatory Consultant, Karin Baron, back in the studio to discuss K-REACH, its recent amendment, and potential harmonization of chemical regulations in the region.  K-REACH is the South Korean government’s industrial chemical substance registration program signed into law in 2013, and effective in 2015. Karin is uniquely well-suited to provide practice tips and information on why our listeners should be aware of...

In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program. The program is an example of the newest trend in state “information disclosure” programs intended to force product manufacturers to disclose the ingredients in products sold to consumers. This article discusses the program and explains why the court...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce the addition of five accomplished, experienced professionals to our firms. Heather J. Blankinship has joined our firms as a Senior Regulatory Consultant. Ms. Blankinship works with clients to develop strategic, comprehensive, cost-effective approaches to global regulatory compliance, product risk assessment, and sustainability programs. Ms. Blankinship’s product category expertise includes oil and...

On September 3, 2019, Earthjustice filed with the U.S. Environmental Protection Agency (EPA) a notice of intent to sue EPA under Section 20(a)(2) of the Toxic Substances Control Act (TSCA) for “EPA’s repeated and ongoing failures to comply with TSCA’s nondiscretionary mandates to disclose to the public information about new chemical substances reviewed by EPA.”  According to Earthjustice, EPA “routinely fails to disclose” certain information regarding the submission and review of...

The Product Stewardship Society (PSS) Board of Directors inducted Lynn L. Bergeson as President during its annual board meeting preceding the Product Stewardship conference being held in Columbus, Ohio, September 10-12, 2019. Ms. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), will serve as President through 2021. Ms. Bergeson has served on the PSS Board of Directors since 2015. PSS is an affiliate of the American Industrial Hygiene Association (AIHA®), launched...

By Lynn L. Bergeson On September 10, 2019, the House Small Business Subcommittee on Rural Development, Agriculture, Trade, and Entrepreneurship held a hearing on the clean energy economy. In a notice, the Subcommittee stated that there are growing opportunities for small companies, including farmers, to respond to energy challenges through new and innovative solutions. The clean energy economy covers many industries that are dominated by small businesses, including construction, agriculture, and...